You ask whether certain information is subject to required public disclosure under
chapter 552 of the Government Code. Your request was assigned ID# 139139.

The Harris County District Attorney's Office (the "office ") received a request for any and
all information pertaining to a specified cause number including the accused's information
sheet, handwritten notes made during interviews with the complainant or the defendant, and
records of plea offers or meetings with the defendant's attorney. You explain that the
referenced cause number was prosecuted by your office and that the defendant was
imprisoned. You claim that the submitted information is excepted from disclosure under
sections 552.101 and 552.108 of the Government Code.(1) We have considered the exceptions you claim and reviewed the submitted information.

You assert that the documents in Appendix C are excepted from disclosure under
section 552.108(a)(3) and 552.108(b)(3). Section 552.108(b)(3) provides the following:

(b) An internal record or notation of a law enforcement agency or prosecutor
that is maintained for internal use in matters relating to law enforcement or
prosecution is excepted from the requirements of section 552.021 if:

. . .

(3) the internal record or notation:

(A) is prepared by an attorney representing the state
in anticipation of or in the course of preparing for criminal
litigation; or

(B) reflects the mental impressions or legal reasoning
of an attorney representing the state.

Assuming that the submitted information was prepared by a prosecutor, you may withhold
the documents in Appendix C under section 552.108(b)(3).

You also claim that criminal history record information ("CHRI") obtained from the
Department of Public Safety ("DPS") is excepted from disclosure under section 552.101.
Section 552.101 of the Government Code protects "information considered to be confidential
by law, either constitutional, statutory, or by judicial decision." This section encompasses
information protected by statute. Section 411.083 of the Government Code deems
confidential CHRI that the Department of Public Safety ("DPS") maintains, except that the
DPS may disseminate this information as provided in chapter 411, subchapter F of the
Government Code. See Gov't Code § 411.083.

Sections 411.083(b)(1) and 411.089(a) authorize a criminal justice agency to obtain CHRI;
however, a criminal justice agency may not release CHRI except to another criminal justice
agency for a criminal justice purpose. Id. § 411.089(b)(1). Other entities specified in
chapter 411 of the Government Code are entitled to obtain CHRI from DPS or another
criminal justice agency; however, those entities may not release CHRI except as provided
by chapter 411. See generally id. §§ 411.090 - .127. Thus, any CHRI obtained from DPS
or any other criminal justice agency must be withheld under section 552.101 of the
Government Code in conjunction with Government Code chapter 411, subchapter F. Thus,
you must withhold the CHRI.

In conclusion, we find that you may withhold Appendix C under section 552.108 if the
information was prepared by a prosecutor and Appendix D under section 552.101.

This letter ruling is limited to the particular records at issue in this request and limited to the
facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other records or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the
governmental body and of the requestor. For example, governmental bodies are prohibited
from asking the attorney general to reconsider this ruling. Gov't Code § 552.301(f). If the
governmental body wants to challenge this ruling, the governmental body must appeal by
filing suit in Travis County within 30 calendar days. Id. § 552.324(b). In order to get the full
benefit of such an appeal, the governmental body must file suit within 10 calendar days. Id.
§ 552.353(b)(3), (c). If the governmental body does not appeal this ruling and the
governmental body does not comply with it, then both the requestor and the attorney general
have the right to file suit against the governmental body to enforce this ruling.
Id. § 552.321(a).

If this ruling requires the governmental body to release all or part of the requested
information, the governmental body is responsible for taking the next step. Based on the
statute, the attorney general expects that, within 10 calendar days of this ruling, the
governmental body will do one of the following three things: 1) release the public records; 2)
notify the requestor of the exact day, time, and place that copies of the records will be
provided or that the records can be inspected; or 3) notify the requestor of the governmental
body's intent to challenge this letter ruling in court. If the governmental body fails to do one
of these three things within 10 calendar days of this ruling, then the requestor should report
that failure to the attorney general's Open Government Hotline, toll free, at 877/673-6839.
The requestor may also file a complaint with the district or county attorney.
Id. § 552.3215(e).

If this ruling requires or permits the governmental body to withhold all or some of the
requested information, the requestor can appeal that decision by suing the governmental
body. Id. § 552.321(a); Texas Department of Public Safety v. Gilbreath, 842 S.W.2d 408,411 (Tex. App.--Austin 1992, no writ).

Please remember that under the Act the release of information triggers certain procedures for
costs and charges to the requestor. If records are released in compliance with this ruling, be
sure that all charges for the information are at or below the legal amounts. Questions or
complaints about over-charging must be directed to the General Services Commission
at 512/475-2497.

If the governmental body, the requestor, or any other person has questions or comments
about this ruling, they may contact our office. Although there is no statutory deadline for
contacting us, the attorney general prefers to receive any comments within 10 calendar days
of the date of this ruling.

1. Because you state that you wish to withhold certain documents responsive to the request, we assume that you have released to the requestor other responsive information. See Gov't Code § 552.301 (governmental body must request an attorney general decision for information that it wishes to withhold).